The Ontario Court of Appeal said counsel’s incompetence was ‘pervasive.’ By Julius Melnitzer | December 31, 2022 The Ontario Court of Appeal has ordered a new trial for an accused whose lawyer, Toronto’s Janice R. Johnson, a 35-year veteran of the criminal bar, “conscripted [him] into assisting his own prosecution.” The OCA’s reasons are damning. […]
George Avraam says the high-end award is consistent with COVID-related wrongful dismissal jurisprudence. By Julius Melnitzer | December 29, 2022 In a judgment that amounts to a handbook for employers and employers involved in COVID-based terminations, the Ontario Superior Court has awarded 24 months’ notice to an Air Canada employee with 23.5 years’ service laid […]
Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]
Chris Bentley says tuition fees are hardly the only costs law students face in getting their training By Julius Melnitzer | December 12, 2022 Canada is the third costliest country in the world to train as a lawyer, according to an analysis of university tuition and administrative fees in 50 countries conducted by The Mobile Bank […]
David Rotfleisch says estate freezes come with pitfalls if not properly executed. By Julius Melniter | December 11, 2022 The ubiquity of estate freezes, which have long been among the flavours of the day in personal tax planning, can mask their complexity. “Estate freezes are the most basic tax planning technique for entrepreneurs and even non-entrepreneurs, […]
A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]
Gavin MacKenzie says the decision will not lead to lawyers bringing a “flood of applications.” By Julius Melnitzer | December 5, 2022 In a case of first impression, the Ontario Court of Appeal has been asked to strike a written retainer agreement because it was not “fair and reasonable” to the lawyer. But the court declined to […]
John Campion says that the late AG, Ian Scott, abolished QCs but kept his grandfathered QC when he returned to practice. By Julius Melnitzer | December 2, 2022 A veteran litigator’s call for Ontario to reinstitute the King’s Counsel designation appears to be gaining significant professional support. John Campion, currently a partner at Toronto’s Gardiner […]
Cameron MacDonald By Julius Melnitzer | December 1, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]
Michael Castro says it’s impossible to be totally secure against cyberattacks By Julius Melnitzer | November 28, 2022 Cybersecurity, it turns out, is passé. According to the World Economic Forum, cyber resilience is the new standard. What’s the difference? Cybersecurity is all about foundational security controls. Cyber resilience – which the WEF calls “the defining […]